Digital Commons Network^™

Disturbance Of The Lessee's Possession In Louisiana, Dan E. Melichar

Louisiana Law Review

No abstract provided.

Constitutional Law--Police Power--Michigan Statute Requiring Motorcyclists To Wear Protective Helmets Held Unconstitutional, Michigan Law Review

Michigan Law Review

The effects of the helmet decisions on the law in general may be substantial. On the one hand, if a helmet statute is held constitutional, inroads could be made upon personal liberty; the legislature might rely on similar strained and unproved relationships to the general welfare in order to justify regulations impinging upon other areas of individual conduct. On the other hand, to hold such a statute unconstitutional may require the judiciary to interfere unreasonably with the legislature's conception of public welfare. In light of these considerations, courts dealing with challenges to such regulations in the future should pay closer …

Negligence - Duty Of Due Care-Invitee/Liscensee/Trespasser Distinction Abolished - Rowland V. Christian, __Cal. 2d__ , 443 P. 2d 561, 70 Cal. Rptr. 97 (Cal. Sup. Ct. 1968), Douglas Bergere

William & Mary Law Review

No abstract provided.

A Survey Of Financial Responsibility Laws And Compensation Of Traffic Victims: A Proposal For Reform, Lorence L. Timm

Vanderbilt Law Review

One of the most acute socio-economic and legal problems confronting society today concerns the compensation of traffic victims. In 1966, there were 52,500 persons killed as a result of traffic accidents,'which constituted nearly one-half of all accident fatalities. In addition, 868,000 persons were injured, and the total cost of motor vehicle accidents was estimated at ten billion dollars. As a result of the steadily rising accident toll, there has been increased concern over means of insuring that victims of automobile accidents will be compensated. This concern has been aggravated by the continued presence of the financially irresponsible motorist. The problem …

The Need For Protection Of The Consumer Of Services, Robert M. Feinson

Buffalo Law Review

No abstract provided.

For A Swifter Criminal Appealto Protect The Public As Well As The Accused, Albert V. Bryan

Washington and Lee Law Review

No abstract provided.

Citizenship Education As To Law, Disorder, Extremism And Civil Disobedience, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

Virginia Bar Exam, June 1968, Day 1

Virginia Bar Exam Archive

No abstract provided.

Constitutional Law Teaching: Problems And Perspectives, Paul G. Kauper

Journal of Legal Education

No abstract provided.

Roundtable On Criminal Law, Harold W. Solomon

Journal of Legal Education

No abstract provided.

Implied Consent-Highway Safety, William Douglass Goodwin

West Virginia Law Review

No abstract provided.

The Japanese Constitutional Style, John M. Maki

Washington Law Review

This examination of Japan's constitutional style is based on the manner in which the following factors have contributed to its development or have become elements of it: past constitutional history, the broad reaction against militarism and authoritarianism, basic constitutional principles, the renunciation of war, the electoral system, the structure of government, the relationship between the government and the people, education and the mass media, the intellectuals, changing social relations, popular controversy and the issue of revision. The conclusion will be that the 1947 Constitution has been firmly woven into the general institutional framework of Japanese society and will endure. Even …

Judicial Review Of Administrative Actions In Japan, Ichiro Ogawa

Washington Law Review

The reform of administrative litigation under the new Constitution involves a shift from an "administrative state" to a "judicial state." This does not mean, however, that the system of administrative litigation is now the same as the system in the Anglo-American "judicial state." The distinction between public and private law is still maintained in Japan, and "administrative acts" (Gyosei-koi) are regulated by principles of public law quite different from rules applicable to private persons.

The Public Welfare Standard And Freedom Of Expression In Japan, Lawrence W. Beer

Washington Law Review

This article analyzes the constitutional right of free expression, exercised by political demonstrations, in the political context of contemporary Japan, where consensus among political parties on the constitutional framework itself is lacking. The Japanese people possess an unusually strong sense of cultural unity, and strong emphasis is placed on harmony and consensus in social relations. On the other hand, the excesses and strident tone of many mass demonstrations strikingly illustrate the absence of consensus between groups and the pervasive tendency toward "groupism" which distinguish the Japanese from the American political setting. Although the sociopolitical tensions may have become great in …

Randy Dimmitt V. Maurice C. Jones And J. Patton Neeley, Judges Of The City Court Of Salt Lake City; And The City Court Of Salt Lake City : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the District Court, Third Judicial District, the Honorable Bryant H. Croft

California's Implied Consent Statute: An Examination And Evaluation, Walter Karabian

Loyola of Los Angeles Law Review

No abstract provided.

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

A New Approach To Jurisdictional Analysis?, Anon

Washington Law Review

Plaintiff, a Washington corporation, is a general insurance broker procuring "hard-to-get" insurance exclusively for other brokers. Defendant, a California corporation, telephoned plaintiff requesting it to obtain insurance for Cisco Aircraft, Inc., a customer negotiating a crop and forest dusting contract. Plaintiff obtained high-risk, high-premium coverage through its London broker and wired defendant a binder. Cisco defaulted and coverage was cancelled. Plaintiff paid its London broker the earned premiums and sought recovery from defendant. Defendant was served pursuant to the Washington long arm statute. Defendant unsuccessfully challenged the jurisdiction of the court. Plaintiff received a $41,275.15 judgment because the jury found …

A Constitutional Dilemma For Loitering Statutes?, Anon

Washington Law Review

Defendant was stopped on a public sidewalk by a police officer and asked to identify himself and account for his presence. He refused to comply with this request, and was arrested and charged with disorderly conduct. On appeal to the California District Court of Appeals, the lower court's dismissal was reversed. Held: One who loiters or wanders upon the streets or from place to place without apparent reason or business has no constitutional right to remain silent when the surrounding circumstances are such as to indicate to a peace officer as a reasonable man that the public safety demands that …

Randy Dimmitt V. Maurice C. Jones And J. Patton Neeley, Judges Of The City Court Of Salt Lake City; And The City Court Of Salt Lake City : Respondents' Brief, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the District Court, Third Judicial District, the Honorable Bryant H. Croft

Seat Belts And Contributory Negligence, Edwin C. Schilling Iii

Louisiana Law Review

No abstract provided.

Constitutional Law: Prison “No-Assistance” Regulations And The Jailhouse Lawyer

Duke Law Journal

The increasing popularity of the writ of habeas corpus, coupled with the inability of many prison inmates to effectively draft their own habeas petitions, has resulted in the emergence of a group of knowledgeable inmate practitioners willing to assist their fellow inmates in the preparation of habeas petitions and other legal papers. To counter the administrative and disciplinary problems posed by these "jailhouse lawyers," several state prison systems have adopted regulations prohibiting all inter-inmate assistance. Focusing upon the recent case of Johnson v. Avery, wherein the Sixth Circuit Court of Appeals upheld the validity of the Tennessee no-assistance rule, this …

The Original Purpose And Present Utility Of The Ninth Amendment, Wilfred J. Ritz

Washington and Lee Law Review

No abstract provided.

Constitutional Law--Freedom Of Speech--Desecration Of National Symbols As Protected Political Expression, Michigan Law Review

Michigan Law Review

Protest groups have long recognized the publicity value of engaging in dramatic kinds of symbolic behavior to express their disapproval of government policy, and recently they have resorted to the desecration of traditionally "sacred" symbols to achieve this end. Recourse to conduct offensive to the patriotic and religious sensibilities of large segments of the population seems to have paralleled the advent of widespread civil disobedience as an instrument of political persuasion. Specifically, dissent over the Vietnam war has produced a number of incidents involving public disrespect for the American flag. Thus, a need has arisen to analyze the extent to …

States The Federal Constitution And The War Protesters, James W. Scouten

Cornell Law Review

No abstract provided.

To Dust Shall Ye Return, Henry S. Ruth

Notre Dame Law Review

No abstract provided.

Long, Hot Summer: A Legal View, James P. Gillece, John A. Macleod, Gerald J. Rapien

Notre Dame Law Review

No abstract provided.

Dismissal Of Actions Before The Illinois Commerce Commission, 2 J. Marshall J. Of Prac. & Proc. 92 (1968), Daniel J. Kucera

UIC Law Review

No abstract provided.

Book Reviews, Henry J. Friendly, David W. Craig, Maurice B. Cohill Jr., John P. Hester, Silvestri Silvestri

Duquesne Law Review

ANATOMY OF THE LAW. By Lon L. Fuller, RIOTS, REVOLTS AND INSURRECTIONS. By Raymond M. Momboisse.

CASES AND MATERIALS RELATING TO JUVENILE COURTS. By Orman W. Ketcham and Monrad G. Paulsen.

TEACHERS, SCHOOL BOARDS, AND COLLECTIVE BARGAINING: A CHANGING OF THE GUARD. By Robert E. Doherty and Walter E. Oberer.

DOLLARS, DELAY AND THE AUTOMOBILE VICTIM. Sponsored by the Walter E. Meyer Research Institute of Law.

Recent Developments In The Cancellation, Renewal And Rescission Of Automobile Insurance Policies, James D. Ghiardi, Robert O. Wienke

Marquette Law Review

No abstract provided.